Is Required Divorce Mediation Under the Utah Code a Waste of Time? By Braxton Mounteer, Legal Assistant

If you get divorced in Utah, you may be surprised to learn that you are required—unless you are excused for good cause—to attend at least one session of mediation before…

Continue ReadingIs Required Divorce Mediation Under the Utah Code a Waste of Time? By Braxton Mounteer, Legal Assistant

Can Your Spouse Legally Take Half of Everything That Is Yours if You Get Divorced?

It depends on what you mean by “yours,” by what you mean by “mine”. First you need to understand that there are two kinds of property in a divorce situation:…

Continue ReadingCan Your Spouse Legally Take Half of Everything That Is Yours if You Get Divorced?

How to Handle Child Custody When the Mother Is Negatively Influencing the Child?

Although they shouldn't do it, courts will generally treat mothers and fathers differently simply based upon sex. Sexual discrimination, to put it bluntly. Not all courts do this, but many…

Continue ReadingHow to Handle Child Custody When the Mother Is Negatively Influencing the Child?

What Evidence Should You Request During the Discovery Process in Your Utah Divorce?

Divorce has many components, one of which often includes litigating in court. Ensuring a fair outcome in your divorce case requires more than just going to court and arguing. One…

Continue ReadingWhat Evidence Should You Request During the Discovery Process in Your Utah Divorce?

How to Handle Child Custody When the Mother Is Negatively Influencing the Child?

Do you want the truth? Or, more accurately, the truth as I see it, having practiced divorce and family law for the past 28 years as of the date I…

Continue ReadingHow to Handle Child Custody When the Mother Is Negatively Influencing the Child?

Do I Receive Alimony if I’m the One to File for Divorce?

I cannot speak as to what the law is on all jurisdictions, but I can answer this question based upon the law of the jurisdiction where I practice divorce and…

Continue ReadingDo I Receive Alimony if I’m the One to File for Divorce?

Dividing Retirement Assets in a Utah Divorce

In a Utah divorce, retirement assets are often among the most valuable marital assets to divide. Retirement accounts such as 401(k)s, IRAs, pensions, and government or union retirement plans are…

Continue ReadingDividing Retirement Assets in a Utah Divorce

Can a Utah Attorney Take a Divorce Case on a Contingency Fee Basis? If Not, Why Not?

Divorce lawyers generally can't take cases on a contingency fee basis due to ethical rules and practical considerations: Express ethical prohibitions. Utah’s rules of professional conduct explicitly prohibit contingency fees in…

Continue ReadingCan a Utah Attorney Take a Divorce Case on a Contingency Fee Basis? If Not, Why Not?

Alimony in Utah, in Simple but No Less Accurate, Easily Understood Terms

Alimony is a hotly debated subject, whether one is divorced or not. As with most controversial topics, misinformation seems to find its way into the discussion. Alimony is not nearly…

Continue ReadingAlimony in Utah, in Simple but No Less Accurate, Easily Understood Terms

I’m 14 and My Parents Are Separated and Are Getting a Divorce Soon, but Why Does the Court Decide How Many Times I See My Father and Not Me?

Allow me to start my answer to your question by acknowledging how unfair it is to children of divorce when courts refuse to hear from the children and refuse to…

Continue ReadingI’m 14 and My Parents Are Separated and Are Getting a Divorce Soon, but Why Does the Court Decide How Many Times I See My Father and Not Me?

What if my spouse won’t complete the divorce orientation and education courses?

What if my spouse will not complete the divorce orientation and education courses for parents? Can the judge still grant the divorce? Yes. You can file a motion notifying the…

Continue ReadingWhat if my spouse won’t complete the divorce orientation and education courses?